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Agreement on Resolution of RS Crisis
RS President Plavsic and Serb member of the BiH Presidency Krajisnik
met on 24 September with FRY President Milosevic to discuss steps to
defuse the current crisis in the RS and ways to overcome the crisis
through implementation of the Peace Agreement.
Three main points were agreed:
- both Parties would undertake all necessary measures in order to stop
all conflicts leading to the division of the RS. RS unity was in the
vital interest of the RS people, and all other interests (partial and
party) must be inferior to the defence of the RS unity.
- the political conflict that triggered the crisis in the RS could be
solved only in a democratic manner through the people's will to be
expressed in the elections for Parliament, President of the RS, and Serb
member of the BiH Presidency, as follows: (a) elections for Parliament,
to be monitored by OSCE, would be held, in keeping with the law of the
RS, on 15 November 1997 and, (b) elections for the President of the RS
and Serb member of the BiH Presidency would be held on 7 December 1997.
The newly elected Parliament would appoint at its first session a
commission which would organise elections for the President of the RS
and Serb member of the BiH Presidency.
- President Plavsic and President Krajisnik agreed that unified media
environment of the RS and free access to media of all participants in
elections was a necessary condition for holding democratic elections.
They also agreed that news programmes be broadcast daily from studios in
Pale and Banja Luka alternately.
Principal Deputy HR, Ambassador Klein wrote to FRY President Milosevic
on 25 September underlining that in order to promote free, fair and
democratic elections throughout BiH the Parties in Dayton had agreed to
request the OSCE to adopt and put in place an elections programme
including the establishment of a Provisional election Commission. The
Parties had, furthermore, agreed to create a Permanent Election
Commission with responsibilities to conduct future elections in BiH.
Since the Permanent Election Commission had not yet been established,
the Parties had requested OSCE to extend the mandate of the Provisional
Election Commission, in order to supervise the preparation and conduct
of the municipal elections in BiH.
Taking note of the 24 September Agreement signed in Belgrade by RS
President Plavsic and BiH Presidency Member Krajisnik, Ambassador Klein
said that it was necessary to underline that any elections held before
the constitutional establishment of the Permanent Election Commission,
including the envisaged RS Assembly elections and Presidential
elections, must also be fully free, fair and democratic. This meant that
they must be supervised by the Provisional Election Commission
established by the OSCE and conducted in accordance with Provisional
Election Commissions Electoral rules and regulations.
Contact Group
The Foreign Ministers of the Contact Group countries (France, Germany,
Italy, Russian Federation, United Kingdom, and the United States) met at
the United Nations in New York on 24 September together with the High
Representative and representatives of the Luxembourg EU Presidency, EU
Commission, to reiterate their unity and determination in pursuing a
stable and lasting peace in BiH. The CG released a statement after their
meeting in which they said they were "deeply saddened by the tragic loss
of 12 dedicated individuals in the recent UN helicopter crash in Bosnia"
and pledged to continue their work to advance the cause of peace.
The CG welcomed the progress that had been made since the Peace
Implementation Council (PIC) Steering Board Ministerial in Sintra and
reaffirmed their unified commitment to hold all parties strictly to the
implementation of all elements of the Sintra Declaration, warning:
"Those who honour their commitments to implement fully the Peace
Agreement will receive our support. The CG will advocate increasingly
strong measures against those impeding progress in implementation of the
Dayton Accords and the Sintra Declaration".
The CG congratulated the citizens of Bosnia and Herzegovina on the
peaceful exercise of their democratic right to vote and called upon the
Bosnian people to respect the results of the September 13-14 municipal
elections and to support installation of new municipal governments. All
authorities, including cantonal and local officials, were expected to
ensure the rapid, peaceful and orderly implementation of the municipal
election results. This would facilitate the enhanced delivery of
international assistance. The CG would support strict measures against
any individual or group impeding full implementation of municipal
election results, as announced by the OSCE.
The CG congratulated the OSCE and its mission staff in Bosnia, under the
leadership of Robert Frowick, for their effective supervision of the
elections, as well as SFOR, UN IPTF, and OHR, for ensuring the success
of the elections.
In that spirit, the CG requested that the OSCE, at its Permanent Council
meeting in Vienna on 25 September, agree to undertake supervision of RS
Assembly elections to be held on a date proposed by the President of
Republika Srpska in consultation with the OSCE. The CG also requested
that the OSCE undertake the supervision of other elections to be held in
RS at a later date, in accordance with constitutional provisions, taking
note of the agreement signed in Belgrade on 24 September and looking
forward to consultation with its signatories. The CG called on all
parties in the RS to cooperate fully with the OSCE, to participate in
those elections
and any other elections called in accordance with constitutional
provisions, and to ensure that elections fully met democratic standards,
and were held without intimidation and with full respect for the freedom
of movement, expression, and media.
The CG condemned the continuing use of media to propagate knowingly
disinformation and inflammatory messages that undermined support for the
Peace Agreement. Media in Bosnia and Herzegovina should be capable of,
and were responsible for, maintaining media standards that were
consistent with those of present-day Europe.
The CG strongly supported the work of the High Representative in this
area and reaffirmed his right to curtail or suspend any media network or
program whose output was in persistent and blatant contravention of
either the spirit or letter of the Peace Agreement, as provided under
the Sintra Declaration.
The CG reiterated the urgent need to proceed with the reform of all
police forces in BiH in line with the principles of democratic policing
and in full cooperation with the UN IPTF. Toward that end, the CG
stressed that all special police must be brought into compliance with
all provisions of the Peace Agreement.
The CG expressed increasing concern about the negative effects of
corruption, smuggling and organised crime on the process of peace
implementation and economic recovery in Bosnia and Herzegovina. The
citizens of BiH were entitled to far greater transparency and
accountability at all levels of government. In this regard, the CG
underscored the important role of an independent, professional media in
exposing corruption.
Croatia and Federal Republic of Yugoslavia were urged to live up fully
to their obligations under international agreements and as guarantors
under the Dayton Peace Agreement. Of special concern was the continued
refusal to cooperate fully in the transfer of indicted war criminals to
the Hague tribunal. Compliance with international commitments would be
the prerequisite for international assistance.
The parties were expected to accelerate significantly their
implementation of the Peace Agreement. At its December 9-10, 1997
meeting in Bonn, the PIC would examine the level of progress since
Sintra and consider additional measures, as necessary, to bring the
parties into compliance with their obligations under the Peace
Agreement.
Brcko
On 26 September the Brcko Supervisor, Ambassador Farrand, opened the
OHR Media Centre in Brcko. The aim of the Media Centre is to make
available clear and objective information and a wide range of news
sources to journalists and to everyone living in Brcko.
The Media Centre, which was first used during the recent elections and
became a focal point for journalists covering the vote, now stocks a
wide range of publications including daily and weekly newspapers and
magazines from the Federation, RS, Croatia, the FRY and overseas. In
addition, all press releases and documents issued by the Supervisor's
Office will be made available and there will also be information
available in the local language on the work and mandates of OHR and the
Supervisor, SFOR, UN IPTF, UNHCR, and the OSCE.
The Media Centre has internet access, and there are plans for film
showings and seminars. The Centre will also serve as a gallery space for
exhibitions.
The Media Centre is situated opposite the OHR's office on Aleksandra
Karadjordjevica and will be open Monday - Friday from 10 am - 9 pm, and
8 am - 1 pm on Saturdays.
Human Rights
On 28 September in Doboj an explosion destroyed the offices of the
opposition newspaper Alternativa. Although there were no injuries,
several flats were badly damaged in the blast. The international
community roundly condemned the attack, the second in a few weeks, on
the opposition newspaper.
In an open letter to Serb Member of the BiH Presidency, Momcilo
Krajisnik, the Committee to Protect Journalists (CPJ) also condemned the
"terrorist actions" against Alternativa, saying, "these violent attempts
to silence the sole alternative provider of news in Doboj violates all
international norms, as well as the provisions for press freedoms in the
Dayton Accords". CPJ called on Mr. Krajisnik, as signatory of the Peace
Agreement, "to guarantee the rights of journalist sand other media
outlets to freely and safely practice their profession and ensure a
diversity of views in the media". UN IPTF will monitor the local police
investigation in to the blast.
Mostar
On 24 September he OHR condemned and called for an end to the dangerous
and unproductive speculation and blame laying being carried out by
members of the political leadership and elements of the media within
Mostar, over the issue of the 17 September car bomb incident. A
statement released by the OHR said that those responsible for the
"vicious and cowardly act" must be caught and brought to justice. This
would only happen if a thorough and efficient investigation was carried
out with the minimum possible delay. An understanding reached between
Principal Deputy HR Ambassador Klein, President Izetbegovic and
President Zubak had laid down the rules for a fair, equitable and
acceptable investigation, to be carried out by Cantonal authorities,
assisted by Federation authorities and supervised by the International
Police Task Force. The investigation would be an opportunity for the
local authorities in Mostar to demonstrate their commitment to the
development of a fully functioning Federation, the statement said.
ICTY
Prosecutor for the International Criminal Tribunal for the former
Yugoslavia (ICTY), Justice Louise Arbour, gave a press briefing on 26
September. Justice Arbour said she had come to Sarajevo with Deputy
Prosecutor Graham Blewitt for talks with various representatives on the
international community, to discuss issues related to IC support of ICTY
work, and in particular to discuss any issue that might arise in
relation to the ICTY policy of proceeding by way of sealed indictments.
"This is a practice that is consistent with law enforcement all over the
world. In our case, it is a policy that is designed to defeat the
efforts of those who are obstructing our work and to give a strategic
advantage to authorities willing to perform the arrests. I will continue
to request the court that indictments and warrants are kept under seal
in every case where I believe that it will improve the likelihood of a
successful arrest," she said.
Justice Arbour said that she was determined to focus investigations and
prosecutions on those who were most responsible for the most serious war
crimes - genocide, crimes against humanity - committed in the region
since 1991. "It was never our mandate and it is not my intention to
prosecute - whether by public or sealed indictment - hundreds of
low-level perpetrators who may have participated in these criminal
activities", said Arbour, adding that there should be faster movement
than there had been in the past at exposing those responsible at the
highest level of command.
Asked what she thought of the fact that Radovan Karadzic was still at
large, Arbour said it was "scandalous" that those responsible for
arresting him had failed to discharge that obligation. When asked
whether it was the responsibility of the IC to ensure that justice was
done, Justice Arbour replied that the primary responsibility, in legal
terms, was with the governments that had the powers to make the arrests.
However, failure to do so could not be used as a pretext for inaction by
the IC given the international military presence in the country. When
questioned whether Karadzic would be able to stand trial if his
co-accused, Ratko Mladic was not also arrested, Justice Arbour replied
that it was always desirable for those charged jointly to be tried
jointly. It was an extreme waste of resources and very taxing for the
witnesses to have to testify in numerous cases. However, in appropriate
cases, the Tribunal would try the accused in a single trial if they had
to.
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